Section 348 of BNSS : Section 348: Power to summon material witness, or examine person present.

Explanation using Example

Example 1:

Scenario: A theft case is being tried in a district court in Mumbai. During the trial, the defense lawyer realizes that a key witness, who was present at the scene of the crime but was not initially summoned, could provide crucial information.

Application of Section 348: The defense lawyer requests the court to summon this key witness. The judge, recognizing the importance of the witness's testimony for a fair decision, uses the power granted under Section 348 to summon the witness to testify in court.

Example 2:

Scenario: In a fraud case in Delhi, a witness who had already testified is found to have additional information that could significantly impact the outcome of the trial. This information comes to light after the witness has been excused.

Application of Section 348: The prosecution requests the court to re-call and re-examine the witness. The judge, understanding that the new information is essential for a just decision, exercises the power under Section 348 to re-call the witness for further examination.

Example 3:

Scenario: During a murder trial in Bangalore, a person who was attending the court proceedings as a spectator is overheard discussing details of the case that suggest they have firsthand knowledge of the crime.

Application of Section 348: The judge, upon hearing this, decides to examine the person present in the courtroom, even though they were not initially summoned as a witness. The judge uses the authority under Section 348 to question the person to ensure all relevant information is considered in the trial.

Example 4:

Scenario: In a corruption case in Chennai, midway through the trial, new evidence surfaces indicating that a previously unexamined government official has critical information about the accused's activities.

Application of Section 348: The court, recognizing the importance of this new evidence, decides to summon the government official as a witness. The judge uses the power under Section 348 to ensure the official's testimony is included in the proceedings for a fair and just decision.